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(영문) 부산지방법원 2018.11.14 2018고정1478
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 5, 2018, the Defendant driven a B rocketing car under the influence of around 0.167% alcohol concentration among blood transfusions on June 22:35, 2018, and driven approximately three meters at the Busan Jung-gu apartment parking lot.

Summary of Evidence

1. Statement by the defendant in court;

2. A written statement on the occurrence of D traffic accidents;

3. A traffic accident report (the actual survey report);

4. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;

2. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse.

1. Scope of applicable sentences under law: Fines of three million won to five million won; and

2. The decision of sentence is that the defendant drives a vehicle under the influence of alcohol level of 0.167% during night, and the nature and circumstances of the crime are not good, and the degree of drinking alcohol level is much higher than 0.1%, which is the criteria for the revocation of driver's license.

Such crimes are highly likely to undermine the safety of road traffic and cause traffic accidents.

In fact, the Defendant appeared to have caused an accident that conflicts with parked cars while driving behind the instant case.

In addition, the defendant appeared to have been sentenced to a fine due to the violation of the Road Traffic Act even before.

However, there are also favorable circumstances such as the fact that the defendant was found to have been discovered while driving a car in the apartment parking lot after he was represented by a substitute driver, the fact that he was found to have been found to have been aware of the fact that he was guilty of his crime, the fact that the economic situation seems to be unreasonable, and the fact that he appealed from the ship.

The above points and other circumstances, such as the defendant's age, sex, occupation, environment, family relationship, motive, method, and result of the crime, and the circumstances after the crime, shall be determined as ordered by taking into account the following circumstances.

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